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How much time does court have...???

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victorias

Junior Member
What is the name of your state? TEXAS

My best friend was arrested for a dwi on dec 31st, 2006. Both he and his bondsman have made phone calls to the court to find out about a court day but the court says they have no record of him whatsoever. It's been over 6 months since the arrest and since he bonded out. I understand that ONCE the court has your charge and has filed it they can give you a court date WHENEVER they want, my question is how long can they take to just even FILE the charge. They say they don't know who this person is, they find no charge for him, no paperwork for him. His bondsman says it's better for him not to call the court cause they may start looking for it if he does!!! How long does a court have to FILE on you??? Can they just keep your paperwork there for a year and then be like "oh okay, lets file it now???..." Would they not have a time-frame within which to work?
 


guywithabrain

Junior Member
In most states, the statute of limitations is one year. It's a good thing if they haven't filed charges yet because it indicates that they might not. But you won't get any assurances until the year is passed and prosecutors regularly file charges on the very last day possible. For DUIs, DAs almost always press charges unless there are big time proof problems.

In the meantime, just stay tough.
 

victorias

Junior Member
Maybe that's the problem then. He was arraigned and bailed out for dwi 2nd, but the police officer sent in papers saying 3rd dwi. Once you're charged and bailed out I don't think you can change it, right??? Anyhow, if they can't find anything I guess that's good. If it's a year to wait then I guess that's all that can be done...WAIT. :(
 

BigMistakeFl

Senior Member
BigMistakeFl

A DUI defense lawyer can address the alleged error in the number of DUI's, if bona fide research proves your best friend's claim. As for the SOL date, many courts and law firms track these with software, with a reminder as the deadline approaches. Your best friend will have to worry about this until that date has passed.
 

guywithabrain

Junior Member
The confusion with the number of prior DUIs may be the reason for the delay. The DA will be trying its best to charge it as a third, so the lack of evidence of a 3rd thus far has probably stopped them from filing. Yet.

However, the DA can ultimately charge your friend on a different charge than that of your arrest. The charge that you were bailed out on is only the basis for the police's probable cause to arrest you.
 
It is exceptionally rare for the courts to simply "forget" to charge you, especially with DUI. I'm not saying it's never happened, but I wouldn't count on it.
 

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